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  • Commentaries

Scotland Case Commentaries

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Date: Jul 15, 2025
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases Introduction The Inner House of the Court of Session in Caledonia...
Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Date: Jul 10, 2025
Bench Technology and Procedural Fairness: UV v Locality Reporter Manager & WX ([2025] CSIH 19) — A New Touchstone on Judicial In-Court Use of Electronic Devices 1. Introduction The Inner House of the...
“Apparent” Means Plainly Visible:  Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

“Apparent” Means Plainly Visible: Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

Date: Jul 10, 2025
“Apparent” Means Plainly Visible: The New Threshold for General Disclosure in Share-Purchase Agreements Introduction In Ruby Properties (Scotland) Ltd (formerly ARB Aviation Ltd) v James Alistair...
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Date: Jul 10, 2025
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction 1. Introduction Citation: Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH (First...
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

Date: Jul 9, 2025
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) for Judicial Review [2025] CSOH 60 1. Introduction The Outer House of the Scottish Court of Session, per Lord Lake,...

    Shulman v. City of Edinburgh Council (2025):  Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for Tribunal Appeals

Shulman v. City of Edinburgh Council (2025): Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for Tribunal Appeals

Date: Jul 5, 2025
Shulman v. City of Edinburgh Council (Upper Tribunal – Local Taxation Chamber, 2025): Affirming Broad Local-Authority Discretion over Long-Term-Empty Council-Tax Discounts and the High Threshold for...
Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27

Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27

Date: Jul 5, 2025
Avoiding “Free Crimes”: Consecutive Sentencing and Headline Tariffs for Domestically-Aggravated Attempted Murder – Commentary on HMA v Budge [2025] HCJAC 27 1. Introduction In HM Advocate v Budge the...
“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions

“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions

Date: Jun 30, 2025
“Sheridan v Glasgow” and the Outer House’s Re-Drawing of the Supervisory Boundary for Pre-Contractual Employment Decisions 1. Introduction The decision of Lord Young in Petition of Thomas Sheridan...
“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law

“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law

Date: Jun 30, 2025
“Sarwar v Phlo Technologies”: The Objective-Conduct Test for Implied Waiver & Personal Bar in Scots Company Law 1. Introduction In Nadeem Sarwar v Phlo Technologies Ltd & Ors ([2025] CSOH 55) Lord...
Re-calibrating Sentencing for Repeated Rape:  HM Advocate v MacGregor ([2025] HCJAC 28)

Re-calibrating Sentencing for Repeated Rape: HM Advocate v MacGregor ([2025] HCJAC 28)

Date: Jun 28, 2025
Re-calibrating Sentencing for Repeated Rape: HM Advocate v MacGregor ([2025] HCJAC 28) 1 · Introduction The Appeal Court of the Scottish High Court of Justiciary, sitting as a three-judge bench and...
Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012

Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012

Date: Jun 26, 2025
Cowie v Vitality: A Scottish Blueprint for the Consumer Insurance (Disclosure and Representations) Act 2012 1. Introduction The decision of Lord Sandison in Gillian Cowie (as Executrix-Dative of the...
The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes

The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes

Date: Jun 26, 2025
The “Huisman Principle” – Humanitarian UK Nationals with an Automatic Right of Abode Are Not “Excepted Students” for Scottish Tuition-Fee Purposes 1. Introduction In Petition of Leo Huisman for...
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Date: Jun 23, 2025
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant Introduction In Application for Leave to...
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

Date: Jun 23, 2025
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (The Nursing & Midwifery Council for Extension of Time Periods of Interim...
No Automatic Right of Appeal for Repeat Human-Rights Submissions – Commentary on Veysel Erturk v SSHD [2025] CSOH 49

No Automatic Right of Appeal for Repeat Human-Rights Submissions – Commentary on Veysel Erturk v SSHD [2025] CSOH 49

Date: Jun 18, 2025
No Automatic Right of Appeal for Repeat Human-Rights Submissions: Court of Session Affirms Robinson Principle in Veysel Erturk for Judicial Review [2025] CSOH 49 1. Introduction In Veysel Erturk for...
Fanning v Secretary of State & Scottish Ministers:  The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy

Fanning v Secretary of State & Scottish Ministers: The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy

Date: Jun 18, 2025
Fanning v Secretary of State & Scottish Ministers: The “Ripple-Effect” Test for Standing and a Restatement of Equality-Duty Compliance in Devolved Social-Security Policy 1. Introduction The Outer...
Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007

Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007

Date: Jun 14, 2025
Separated co-parents living in two households can be a “relevant couple” for joint adoption: a purposive construction of section 29(3)(d) of the Adoption and Children (Scotland) Act 2007 Case:...
“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals

“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals

Date: Jun 12, 2025
“Qualified Finality” — The Limited Reach of Res Judicata in Scottish Mental-Health Tribunal Appeals 1. Introduction In Dr Agnes Louise Johnston v GA and another ([2025] CSIH 18) the Inner House of...
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

Date: Jun 12, 2025
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2) Ian Whyte v David Arthur [2025] CSOH 47 1. Introduction Ian Whyte, a passenger injured in a 2017 road-traffic...
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

Date: Jun 12, 2025
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination 1. Introduction AB v The Scottish Public Services...
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